Yes, the court can consider fault in property division in a Dallas County divorce.
Texas is a community property state, which means that all property acquired during the marriage is presumed to be owned equally by both spouses, regardless of who earned the income or whose name is on the title. However, the court has discretion to divide the community property in a way that is “just and right” based on a number of factors, including fault in the breakup of the marriage.
Under Texas law, fault can include adultery, cruel treatment, abandonment, and other forms of marital misconduct. If one spouse can prove that the other spouse was at fault for the breakdown of the marriage, the court may award a greater share of the community property to the innocent spouse. However, fault is just one of several factors that the court will consider when making a property division decision. The court will also look at the length of the marriage, the earning capacity of each spouse, the health of each spouse, and other relevant factors.
